SOUTH EAST COAL COMPANY v. ISON


446 S.W.2d 638 (1969)

SOUTH EAST COAL COMPANY, Inc., et al., Appellants, v. Hardie ISON et al., Appellees.

Court of Appeals of Kentucky.

October 31, 1969.


Attorney(s) appearing for the Case

William A. Rice, Gayle G. Huff, Rice & Huff, Harlan, Martin Glazer, Thomas Emerson, Frankfort, Dept. of Labor, for appellants.

F. Byrd Hogg, John N. Cornett, Hogg & Cornett, Whitesburg, for appellees.


PALMORE, Judge.

Hardie Ison was awarded Workmen's Compensation for disability resulting from silicosis. His employer and the Special Fund appeal from a judgment of the Letcher Circuit Court upholding the award. They contend his right to compensation is barred by KRS 342.316(4), which requires the claimant's having been "exposed to the hazards of the disease in his employment within this state for at least two years immediately next before his disability or death....

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